Research On The Legal Nature Of Deep Links In Video Aggregation Platform

Video aggregation platform not only provides convenience for network users to search and watch target video resources,but also causes strong dissatisfaction among copyright owners and licensees.In judicial practice,copyright owners and licensees usually claim their rights on the grounds that the right to disseminate information on the Internet has been violated,but different courts have made different decisions on this claim.Through the statistical analysis of the judicial cases of the convergent platform,we can know that there are mainly the following legal disputes in the determination of the infringement of deep links in the judicial practice of our country: first,what kind of standards are not unified in the determination of infringement? there are differences between theorists and practitioners,and the differences in identification standards also lead to confusion in the application of the law.Second,there is still a big dispute about whether the deep link behavior of the video aggregation platform infringes on the right of information network dissemination.To solve the above problems,we should start from three aspects:First of all,we should make a jurisprudential analysis of the deep links of the video aggregation platform.Aggregation deep link behavior means that website operators use deep link technology to re-select,organize and arrange the works stored in the servers of other websites,and provide "one-stop" convenient services for users.Different from ordinary links that require page jump,this deep link technology,which does not require page jump,can easily lead to infringement,and it replaces the existence of traditional video websites.It intercepts the interests originally enjoyed by the traditional video websites,harms the legitimate rights and interests of the traditional video websites,and endangers the competition order of the network market.It is the legal subject that needs to be regulated urgently.Secondly,the judicial and theoretical circles on the identification of deeplink copyright infringement standards should be compared.At present,the judicial practice holds that the mainstream view of infringing upon the right of information network dissemination is the "server standard",that is,only the act of placing the work on the server open to the public is the network communication behavior controlled by the right of information network dissemination.Although the judgment standard is objective,sometimes the settlement of disputes is "willing but insufficient",unable to safeguard the legitimate rights and interests of the right holders;Although the later "user perception standard" and "substantive presentation standard" and "substantive substitution standard" are relatively easy to apply in the judiciary,they are too subjective and easy to misplace with objective facts.Although the "new public standard" seems to be a rational consideration of the interests of the copyright owner,it is also equivalent to admitting that the right of information network dissemination is "exhausted at once";"legal standard" belongs to the return to the copyright law and is a pure standard of behavior judgment.No additional value connotation should be added,and its application will help to solve the current judicial dilemma of the right of information network communication in our country.Finally,the study on the legal nature of deep links should clarify the legal structure of the right of network dissemination of information involved in deep links and analyze whether it can regulate the behavior of deep chain aggregation.The right of information network communication contains three constituent elements: first,the information network communication adopts wired or wireless mode;second,network users can obtain works at the time and place of personal choice by means of download and browsing;third,the behavior controlled by the right of information network communication is "providing behavior to the public".The ultimate goal should be placed on the identification of the provision behavior,and through the analysis,it is concluded that the deep-chain aggregation behavior belongs to the information network dissemination behavior and should be regulated by the right ofinformation network dissemination.